[HISTORY: Adopted by the Board of Trustees of the Village of Montour
Falls 5-6-1991 by L.L. No. 1-1991. Amendments
noted where applicable.]
The Board of Trustees finds that the accumulation of inoperable motor
vehicles (commonly called "junk motor vehicles") on premises wherein the keeping
or storage thereof is not otherwise authorized is an unsightly threat to the
devaluation of property values, a potential safety hazard for children, a
source of annoyance to neighboring property owners, a general public nuisance
and a threat to the environment. Accordingly, the Board declares that the
accumulation of such junk vehicles constitutes a threat to public health and
safety sufficient to invoke its police power in the termination thereof by
adoption of this chapter for enforcement in the criminal courts and by way
of injunctive relief, or both.
As used in this chapter, the following terms shall have the meanings
indicated:
- INOPERABLE MOTOR VEHICLES
- A motor vehicle which does not currently display both a validly issued
license plate evidencing such vehicle's current registration and a currently
valid safety inspection sticker. The fact that such a vehicle is capable of
locomotion shall not affect its inclusion within this definition. Inoperable
motor vehicles shall not include bona fide snow removal equipment incorporating
permanently installed, chassis-mounted plows or salt/sand spreaders.[Amended 3-15-1999 by L.L. No. 1-1999; 7-16-2007 by L.L. No. 5-2007]
- MOTOR VEHICLES
- All vehicles propelled by a means other than muscular power and intended for use on public highways as defined in § 125 of the New York State Vehicle and Traffic Law.
- PREMISES
- Any location within the Village, including the public streets and public parking lots.
- UNAUTHORIZED ACCUMULATION OF INOPERABLE MOTOR VEHICLES
- The keeping or storage of such a vehicle upon premises anywhere within the Village of Montour Falls, except where such keeping or storage is:
- A. On the premises of a New York State Department of Motor Vehicles registered motor vehicle repair shop or a public gasoline/service station, provided that such repair shop or gasoline/service station is permitted under Chapter 160, Zoning, and such other state laws and regulations as may apply thereto; provided further, however, that the number of inoperable motor vehicles on any premises excepted under this subsection or Subsection B below shall be limited to two.
- B. On the premises of a licensed automobile dealer when the location of such dealer premises is permitted under Chapter 160, Zoning.
- C. In a permanent building.
- D. On the grounds of an industrial facility in an industrial district or existing as a prior nonconforming use.[Amended 8-21-1995 by L.L. No. 4-1995]
- E. A junkyard licensed by the Village in accordance with § 136 of the General Municipal Law.
It shall be unlawful for any person, firm, corporation or other entity,
either as owner, lessee or occupant or otherwise, to cause or permit the unauthorized
accumulation of inoperable motor vehicles anywhere within the limits of the
Village of Montour Falls.
A.
If the person or entity responsible for causing or permitting
the unauthorized accumulation of inoperable motor vehicle(s) cannot be ascertained
upon reasonable inquiry, the owner of the premises whereupon such vehicle
is found shall be notified to remove the same via certified mail, return receipt
requested, by the Village Clerk.
B.
If the owner of the premises shall not remove or cause
to be removed the offending vehicle(s) within 72 hours of notification, such
owner shall be liable hereunder.
[Amended 3-15-1999 by L.L. No. 1-1999; 7-6-2004
by L.L. No. 2-2004]
Violators hereof shall be guilty of a violation in accordance with Penal
Law § 10.00, Subdivision 3, or any amendments thereto punishable
by a fine not exceeding $250 in accordance with Penal Law § 80.05,
Subdivision 4, or any amendments thereto and a term of imprisonment not to
exceed 15 days. Each week that such violation persists shall constitute a
separate offense hereunder.
Nothing herein shall be construed as inhibiting the power of the Village
to seek civil redress for violations by way of injunctive or declaratory relief
or such other remedy as may lie or to proceed simultaneously by way of civil
and criminal action(s) against violators.
Violators hereof shall be issued an appearance ticket by the Village
Clerk returnable in the Village Court and may be prosecuted therein by the
Village Attorney or the District Attorney.
Inoperable motor vehicles found within the Village streets rights-of-way
or on other Village property whose owners cannot with reasonable diligence
be ascertained may be treated as abandoned property under the provisions of
the Personal Property and General Municipal Laws.
